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Rule 62-40, F.A.C. – What is it? • The Water Resource Implementation

Rule (State Water Policy).• Required by Sec. 373.036, F.S.• Goals, objectives and guidance for

DEP and WMDs for programs, rules and plans related to water resources.

• Amendments not effective until after next legislative session following rule adoption.

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Rule 62-40, F.A.C. – How is it used?• Key tool for DEP oversight of WMDs.

• WMD rules must be consistent with Rule 62-40, F.A.C.

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Rule 62-40, F.A.C. - Reclaimed Water• Reclaimed Water Policy Workgroup

(DEP, WMD, FWEA, local gov’t, etc.)• Overarching Goal:

“Optimize the use and continued development of reclaimed water as an alternative water supply to the extent environmentally, technically, and economically feasible in order to meet water supply demands.”

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Rule 62-40, F.A.C. - Reclaimed Water• Impact Offset/Substitution Credits

• HB 639 (2012) requires DEP to initiate rulemaking by Oct.1, 2012 to incorporate criteria for consideration of offsets/credits in consumptive use permitting.

• WMD to initiate rulemaking to incorporate by reference within 60 days of adoption.

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Rule 62-40, F.A.C. - Reclaimed Water Definitions

are critical! “Impact Offset” means the use of reclaimed water to reduce or eliminate a harmful impact that has occurred or would otherwise occur as a result of other surface water or groundwater withdrawals.(Sec. 373.250(5)(a)1, F.S.)

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Rule 62-40 F.A.C. Reclaimed Water

Impact Offset - ExampleApplicant applies for groundwater withdrawal

Will cause saltwater intrusion

Applicant proposes recharge with reclaimed water to create a saltwater barrier

Permit for withdrawal issued conditioned on recharge with reclaimed water to prevent harmful saltwater intrusion

IMPACT AVOIDED

Impact Offsets

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Rule 62-40, F.A.C. - Reclaimed Water Impact

Offset• All Conditions of Issuance must be met

after offset applied.• Impact offset limited to duration of permit

into which it is incorporated. • Any changes require permit modification.• Allocation may be renewed based on a

continuing offset.• Impact offsets can not be granted

retroactively.

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Rule 62-40, F.A.C. - Reclaimed Water

Definitions are critical!“Substitution credit” means the use of reclaimed

water to: • replace all or a portion of an existing permitted

use of resource-limited surface water or groundwater,

• allowing a different user or use to initiate a withdrawal or increase its withdrawal from the same resource-limited surface water or groundwater source provided that

• the withdrawal creates no net adverse impact on the limited water resource or creates a net positive impact if required by district rule as part of a strategy to protect or recover a water resource. (Sec. 373.250(5)(a)2 , F.S.)

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Rule 62-40 F.A.C. - Reclaimed Water

Substitution Credit - Example

City allowed to increase groundwater withdrawal to the extent that overall effect is neutral (or positive,

if required)

City provides golf course with reclaimed water; Golf course no longer uses groundwater

Groundwater use in area capped. No additional quantities can be permitted.

Substitution Credits

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Rule 62-40 F.A.C. Reclaimed Water

Substitution Credit – Example cont.

City allowed to increase groundwater withdrawal potentially up to 1 MGD. May be < 1 MGD depending

on location/effect of withdrawal. Effect must be neutral/positive.

Golf course changes from using 1 MGD of groundwaterto 1 MGD of reclaimed water

How much “credit” does City get?

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Rule 62-40 F.A.C. - Reclaimed Water Substitution Credit

• Only applies where WMD has adopted rules establishing withdrawal limits within a defined geographic area.

• All Conditions of Issuance must be met after substitution credit applied.

• Substitution credit limited to duration of permit into which it is incorporated.

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Rule 62-40 F.A.C. - Reclaimed Water

Substitution Credit • Amount of credit same or less than terminated withdrawal considering: Timing, location and amount of withdrawal

to be terminated; Timing and location of proposed withdrawal

by applicant; Hydrogeology of area; Whether a no net adverse impact or a net

positive impact on limited water resource is required.

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Rule 62-40 F.A.C. - Reclaimed Water

Substitution Credit • Reuse utility providing reclaimed water.• One or more entities designated by the

reuse utility.• In all cases, user must demonstrate a

need for the water.• Credits cannot be transferred to other

users, except in same manner as the permit itself.

Who can use a Substitution Credit?

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Rule 62-40 F.A.C. - Reclaimed Water Substitution Credit

• Changes require a modification.• Renewals allowed if benefits of credit

continue.• Credits shall not be granted

retroactively.

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Rule 62-40, F.A.C. - Reclaimed Water

Supplementation of Reuse Systems

What is supplementation and why is it used?

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Rule 62-40, F.A.C. - Reclaimed Water

Supplementation of Reuse Systems

• Supplementation of a reclaimed water system means the addition of water from another source to reclaimed water supplies.

• Supplementation is a strategy that allows a utility to expand the customer base that can be reliably served and utilize more of the available reclaimed water.

Supplemental Supply

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Unused Water to Disposal

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Unused Water to Disposal

New Customer

Use

Supplemental Supply

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Rule 62-40, F.A.C. - Reclaimed Water

Supplementation of Reuse Systems

• Supplementation benefits: • Allows more reclaimed water

to be used.• Discharges less reclaimed

water to the environment.• Minimizes the use of high-

quality water sources for non-potable purposes.

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Rule 62-40, F.A.C. - Reclaimed Water

Supplementation & Permitting

• When determining whether supplementation is reasonable-beneficial and consistent with the ………......… public interest, a District shall:

• Recognize the benefits of supplementation.

• Consider the effectiveness of a utility’s management of its reclaimed water system.

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Rule 62-40, F.A.C. - Reclaimed Water

Supplementation & Permitting

• When supplementation of a reclaimed water system is proposed, WMD shall require a plan from the applicant.

• Plan will be used to:• Evaluate a utility’s management

of its reclaimed water system.• Determine if requested quantity

is needed to more effectively use reclaimed water supplies.

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Rule 62-40, F.A.C. - Reclaimed Water

Supplementation Plan Considerations

• Use of lower quality water sources.

• Pressure reduction.• Designation of primary

and secondary (interruptible) customers.

• The appropriate level of certainty to be provided during drought conditions.

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Rule 62-40, F.A.C. - Reclaimed Water

Supplementation Plan Considerations

• Financial incentives for voluntary use reductions.

• Reclaimed water interconnects with adjacent communities.

• Providing customers with written information supporting the need to conservatively use reclaimed water.

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Rule 62-40, F.A.C. - Reclaimed Water

Supplementation Plan Considerations

• Regulatory constraints or requirements on discharges.

• Demand management.• Creation of additional

storage.• May include other

measures identified byapplicant or District.

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Rule 62-40, F.A.C.

In addition to reclaimed water provisions, what other changes are proposed for Rule 62-40, F.A.C.?

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Rule 62-40, F.A.C. – Reg. Consistency• Establish goal for consistency among

WMDs in regulatory programs, except as needed for regional differences in water resources.

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Rule 62-40, F.A.C. CUP Conditions of Issuance• Basic Conditions of Issuance in

Rule 40X-2.301, F.A.C. in all WMDs.

• Currently cover same general concepts, all different.

• Consistent Conditions of Issuance to be included in Rule 62-40, F.A.C. and all WMD rules.

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Rule 62-40, F.A.C. - MFLs• Require additional

information on annual priority lists: reservations, waters affected by adjacent District withdrawals.

• Timing of recovery and prevention strategies (codify DEP guidance memo).

• Guidance on peer review process (CFWI).

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Rule 62-40, F.A.C. - Water Planning• Streamline and update.• Revise form and content of

Florida Water Plan. • Include strategic plan as alternative

to District Water Management Plan (DWMP) (reflect statutory change).

• Refine required content of DWMP.

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Rule 62-40, F.A.C. Additional Rule Topics

• 10-Year Compliance Report (codify DEP guidance memo)

• Allocation Flexibility (codify DEP guidance memo to ensure consistency)

• Water Conservation (changes as needed to codify workgroup results)

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Rule 62 -40 F.A.C. Issues for Input

• Handout of rule language for impact offsets and substitution credits

• Supplementation• Other specific topics/concepts

proposed for inclusion in Rule 62-40 F.A.C.